Irish Government files an Amicus Brief in Microsoft U.S. Warrant Case

The Irish Government has confirmed that it has filed an amicus brief in Microsoft’s legal case challenging a US search warrant that seeks customer email stored in Microsoft’s European Data Centre in Dublin.

“This case has important implications for Ireland and Europe. Minister Dara Murphy has shown significant leadership on this issue from the outset. There are a number of critical data protection issues in play at the moment so having a dedicated Minister and a newly established department focused on these matters is very important.”

“We welcome the Government’s decision to engage formally in the process by filing an amicus brief. We believe that this step will send a strong signal to the US Court about the importance placed on the matters in dispute.”

Microsoft Executive Vice President and General Counsel Brad Smith said: “The Irish Government’s engagement underscores that an international dialogue on this issue is not only necessary but possible. We’ve long argued that it’s best for law enforcement to move forward in a way that respects people’s rights under their local laws.”

Microsoft’s case argues the US government cannot reach across international borders and retrieve a person’s email without respecting local privacy laws. The amicus brief process is one which facilitates an interested party to file its views in a legal case which can then be taken into consideration by the courts.

A survey carried out amongst people in Ireland in October highlighted the strength of support amongst the Irish public for the principles Microsoft is advancing in this case with 89% saying that a foreign government should not be able to demand personal information stored in Ireland without liaising with the Irish government.